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windelina

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  1. Hi all, New to site, hoping for some ideas as to where to go next. My mum died in January, I've been dealing with her estate. One of the banks she used initially advised me, through solicitors, that she owed then £1080 on a current account. I have 2 problems with this: 1) Bank subsequently hired a firm of debt collectors who have been persistent, aggressive and unreasonable. I started out co-operative but quickly realised there was no point - all they want is immediate settlement and it matters not how many times I've told them when to expect payment... well I'm sure you know the score with these types of outfits. 2) I phoned the bank to request statements for this account as I have absolutely no paperwork / evidence of it. Call centre staff couldn't trace it. Went in person to local branch & got in their face a bit, they found the account but told me it had been "written off" (their words) five years ago. It was indeed closed with a debit balance but was closed nevertheless as it hadn't been used for years. They couldn't print statements as their system wouldn't let them - the details of the account have been archived. Already written to the bank complaining re both points & asking them to tell me what the legal basis of their claim for repayment is, as I'm aware I have a legal duty as Executor to protect the value of the estate (I used to be a professional Executor). I waited over 3 months for their final response. They quoted "Office of Fair Trading Debt Collection Guidelines" as the basis of their claim. What? Hard to believe, isn't it, that bank staff know less about the law than we do... they also said the account wasn't closed but was actually passed to their "collections & recovery services" dept. I am aware they had pursued it before my mum died as they were threatening to take her to court for this. They also told me that a payment of £16 had been made into the account in May (4 months after she died), which puzzles me greatly - I've no idea where they got that payment from. They then confirmed the balance was £1080... i.e. the same as it was on the date my mother died. Seems this bank also can't do basic maths. What's bothered me most tho is that they are absolutely adamant that the Debt collectors have only ever called me "to establish the current position of the administration of the estate". That is a load of rubbish ( They are also saying the Debt Collectors have only ever phoned me twice. Total lie. I've spoken with them 3 times, ever other time they have phoned me I have instantly hung up on them... and I continue to do so. Doesn't deter them from ringing back of course... Have lodged formal complaint with Financial Ombudsman Service but the wheels are turning far too slow, meanwhile I still have these debt collectors phoning almost daily. Phoned Financial Ombudsman helpline who said they can't do anything to get them off my back until they've completed all their investigations. I haven't responded to the bank's letter yet as I was leaving it to the ombudsman people to intervene, but I'm now wondering whether I should if only to try get things moving a bit...? Anyone any ideas whether the bank are entitled to pursue this debt? Any suggestions as to how to get rid of the debt collectors? Any advice on how I can prove the debt collectors have been harrassing / threatening? I've thought about recording the calls - would I be acting within the law if I were to write to them and put at the bottom a note in very small writing saying 'please note calls may be recorded...?' Any other thoughts / suggestions? Thanks for listening - sorry it's such a long post! W
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